# C_2007142EN.01001701.xml

| 27.6.2007 | EN | Official Journal of the European Union | C 142/17 |
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27.6.2007

EN

Official Journal of the European Union

C 142/17

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Prior notification of a concentration

(Case COMP/M.4745 — Cerberus/Promontoria/Focus)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 142/07)

| 1. | On 19 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Promontoria Holding IV B.V. (‘Promontoria’, The Netherlands) controlled by Cerberus Group (‘Cerberus’, United Sates) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of FW No.4 Limited (‘FW4’, United Kingdom) and thereby the operating companies of the Focus DIY Group (‘Focus’, United Kingdom) by way of purchase of shares and acquisition of debt. |
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1.

On 19 June 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Promontoria Holding IV B.V. (‘Promontoria’, The Netherlands) controlled by Cerberus Group (‘Cerberus’, United Sates) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of FW No.4 Limited (‘FW4’, United Kingdom) and thereby the operating companies of the Focus DIY Group (‘Focus’, United Kingdom) by way of purchase of shares and acquisition of debt.

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| 2. | The business activities of the undertakings concerned are:






  — | for Cerberus: private equity investment; |
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2.

The business activities of the undertakings concerned are:

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for Cerberus: private equity investment;

| — | for Promontoria: an operating entity controlled by Cerberus; |
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for Promontoria: an operating entity controlled by Cerberus;

| — | for Focus (and FW4): DIY and gardening retailer with business activities limited to the UK. |
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for Focus (and FW4): DIY and gardening retailer with business activities limited to the UK.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4745 — Cerberus/Promontoria/Focus to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4745 — Cerberus/Promontoria/Focus to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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